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Ruling By Other Than What Allaah Has Revealed
  A Treatise on Ruling by Other than What Allaah has Revealed
Author: Shaikh `Abdus-Salam al-Burjis
Source: Cassette Lecture (Translation and Additions by `Abu Iyaad as-Salafi)
Article ID : MNJ050003  [16309]  
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Introduction

This article contains a transcript of a lecture by Shaikh `Abdu-Salam Burjis on the understanding of the ayahs in Surah Ma’idah related to Ruling by other than what Allah has revealed. Before we begin the lecture, a number of fatawaa from the Ulamaa of the Salaf of contemporary times have been included:

 

 

Fataawaa of the Permanent Committee for Research and Verdicts, compiled by Shaikh Ahmad bin `Abdur-Razzaq ad-Duwaish, Volume 1 (Aqidah).
Question No. 11 of Fatwa No.5741

Q. The one who does not judge by what Allaah has revealed, is he a Muslim or a Kafir [guilty of] the major kufr and are his actions accepted?

A. All Praise is due to Allaah and prayers and peace upon the His Messenger, his family and his companions. To proceed:

Allaah the Most High said: "And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn" (5:44), and He the Most High said, "And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn" (5:45) and He the Most High said, "And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn" (5:47).

However if he declares that to be lawful (istahalla dhalik) and believes it to be permissible (i’taqadahu jaa’izan), then this is the major kufr, the major fisq and the major dhulm which expels him from the religion. However, if he did this due to a bribe or some other motive while believing in the forbiddance [of this act], then he is considered a disbeliever with the minor kufr, a dhalim with the minor dhulm and a fasiq with the minor fisq which does not expel him from the religion – as the people of knowledge have explained in the exegesis (tafsir) of the aforementioned verses.

The Permanent Committee for Research and Verdicts

Member
Abdullah bin Ghudayan

Deputy Head
`Abdur-Razzaq `Afifi

Head
`Abdul-`Aziz bin Baz

END

Shaikh Muhammad bin Ibrahim said: "The actualisation of the meaning of 'Muhammad is the Messenger (sallallaahu alayhi wasallam) is from judging to his sharee'ah and confining oneself to that - and rejecting whatever is in opposition to that from amongst the rules (qawaaneen) and regulations and all those things for which Allaah has not revealed any authority. ""And the one who judges by them (hakama bihaa) or refers to them (haakama ilaihaa) - for judgement whilst believing in the correctness (sihhah) of that or the permissibility (to judge by them) (jawaaz), then he is a kaafir with the kufr that ejects from the religion. And if he does that without belief (I'tiqaad) in their correctness and (regarding it) permissible to judge by them (jawaaz), then he is a kaafir with the kufr in action, which does not eject from the religion." [Fataawaa Shaikh Ibrahim 10/9]

Imaam Ibn Baz said regarding Imaam al-Albani’s discourse on Ruling by Other than What Allaah has revealed: "I came across the beneficial, valuable reply which was given by the Eminent Shaikh Muhammad Naasir ud-Deen al-Albaanee - out of his graciousness - may Allaah grant him success in the publication: "Ash-Sharq al-Awsat" and the Magazine "al-Muslimoon" - the one in which he replied to the one who asked him about "performing takfeer of the one who judged by other than what Allaah has revealed without elaborating (upon the matter more fully)" So he replied to it with a word of truth, and has arrived at the truth in it, and has travelled upon the path of the believers by it and has made manifestly clear - may Allaah grant him success - that it is not permissible for anyone amongst the people to declare the one who judged by other than what Allaah has revealed - a disbeliever - merely on account of an action, without his knowledge that this person declared such an act to be permissible with his heart (istihalla dhaalik biqalbihi). And he used evidence for that what has come from Ibn Abbaas (ra) and others from among the Salaf.


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